January 13, 2020 3.50 pm This story is over 20 months old

Man who fractured pub punter’s eye socket avoids jail

Attacker has 10 pints before the incident

A man attacked a pub customer, leaving his victim with a fractured eye socket, was spared jail by the judge at Lincoln Crown Court.

Andrew Marshall lost his temper after his victim Andrew Pass spoke to one of Marshall’s friends in the Horse and Jockey pub at Waddington.

Esther Harrison, prosecuting, said that Marshall, who had drunk 10 pints in the hours leading up to the incident, flipped over a table.

Miss Harrison added: “That knocked all of the drinks onto the floor. The defendant then got up and punched Mr Pass to the head and face.

“Mr Pass put his hands up and tried to return some punches to defend himself. He ended up on his back on the floor.

“The defendant, who has accepted he lost his temper, continued the attack with at least three kicks and one stamp.”

Marshall was pulled off Mr Pass by other pub customers and left the premises.

Mr Pass was later taken to hospital. He had bruising and swelling around his left eye. There were two cuts and there was a fracture to the bottom part of the orbit around the left eye.

Marshall, 49, of Mill Mere Road, Waddington, admitted charges of assault occasioning actual bodily harm and criminal damage arising from the incident on May 28, 2018. He was given a six month jail sentence suspended for 12 months.

Edna Leonard, in mitigation, said Marshall suffers from post traumatic stress disorder.

She told the court: “Mr Marshall did admit causing the injuries and being involved as soon as he was interviewed by the police. The psychiatric report gives an insight into the background and the difficulties he has faced and he is still facing.”

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